It is enacted by the General Assembly as follows:

SECTION 1. Section 42-72.1-3 of the General Laws in Chapter 42-72.1 entitled "Licensing and Monitoring of Child Care Providers" is hereby amended to read as follows:

{ADD 42-72.1-3. Powers and scope of activities. -- ADD} (1) The department shall issue, deny, and revoke licenses for, and monitor the operation of, facilities and programs by child placing agencies and child care providers, as defined in section 42-72.1-2.

(2) The department shall adopt, amend, and rescind regulations in accordance with this chapter and implement its provisions. Such regulations shall be promulgated and become effective in accordance with the provisions of the Administrative Procedures Act, title 42, chapter 35.

(3) The department through its licensing unit shall administer and manage the regulations pertaining to the licensing and monitoring of such agencies, and shall exercise all statutory and administrative powers necessary to carry out its functions.

(4) The administrator shall investigate complaints of noncompliance, and shall take such licensing action as required.

(5) Regulations formulated pursuant to the foregoing authority shall include, but need not be limited to, the following:

(a) Financial, administrative and organizational ability, and stability of the applicant;

(b) Compliance with specific fire and safety codes and health regulations;

(c) Character, health suitability, qualifications of child care providers;

(d) Staff/child ratios and workload assignments of staff providing care or supervision to children;

(e) Type and content of records or documents that must be maintained to collect and retain information for planning and caring for children;

(f) Procedures and practices regarding basic child care and placing services to ensure protection to the child regarding the manner and appropriateness of placement;

(g) Service to families of children in care;

(h) Program activities, including components related to physical growth, social, emotional, educational, and recreational activities, social services and habilitative or rehabilitative treatment;

(i) Investigation of previous employment, criminal record check and department records check.

(j) Immunization and testing requirements for communicable diseases, including, but not limited to tuberculosis, of child care providers and children at any child day-care center or family day-care home as is specified in regulations promulgated by the director of the department of health. Notwithstanding the foregoing, all licensing and monitoring authority shall remain with the department of children, youth, and families.

(6) The administrator may:

(a) Prescribe such forms for reports, statements, notices, and other documents as are deemed necessary;

(b) Prepare and publish manuals and guides explaining this chapter and the regulations to facilitate compliance with and enforcement of the regulations;

(c) Prepare reports and studies to advance the purpose of this chapter;

(d) Provide consultation and technical assistance, as requested, to assist licensees in maintaining compliance;

(e) Refer to the advisory council for children and families for advice and consultation on licensing matter.

(7) The department may promulgate rules and regulations for the establishment of child day care centers located on the second floor.

{ADD (8) When the department is otherwise unsuccessful in remedying noncompliance with the provisions of this chapter and the regulations promulgated thereunder, it shall petition the family court for an order enjoining such noncompliance or for such order as equity and justice may require. ADD}

SECTION 2. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby amended to read as follows:

{ADD 8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. -- ADD} (a) There is hereby established a family court, consisting of a chief judge and ten (10) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of said contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected or mentally defective or mentally disordered children, or children who by reason of any handicap, physical, mental, or otherwise, suffer from a learning disability which requires special education or treatment and other related services; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness or neglect of children under sixteen (16) years of age; desertion, abandonment or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings, and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings appeals of administrative decisions, concerning setoff of income tax refunds for past-due child support in accordance with section 44-30.1-5 and section 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint said masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds for past-due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding."

{ADD (f) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child-placing agencies. ADD}

SECTION 3. This act shall take effect upon passage.